Standard Romper Co., Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1948

77 N.L.R.B. 421 (N.L.R.B. 1948)

In the Matter of STANDARD RomrER Co., INC., EMPLOYER and INDE-
PENDENT WORKERS UNION and AMALGAMATED CLOTIIING WORKERS
OF AMERICA, C. I. 0., PETITIONERS
Case Nos. 1-R-3893 and 1-RC-45.Decided April 29, 1948
Messrs. George Triedman , of Providence , R. I., and Hyman Borax,
of Boston , Mass., for the Employer.
Mr. Amos L. Lachapelle, of Pawtucket , R. I., for Petitioner, Inde-
pendent Workers Union.
'Mr. Sidney S. Grant, of Boston, Mass., for Petitioner , Amalgamated
Clothing Workers.
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed, hearing in these cases was held at Provi-
dence, Rhode Island, on March 18, 1948, before Robert E. Greene,
hearing officer.' The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Sections 3 (Ii) of the Act, the Board
has delegated its powers in connection with this case to a three-man
panel consisting of the undersigned Board Members.*
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Standard Romper Co., Inc., a New York corporation, operates a
plant in Pawtucket, Rhode Island, where it manufactures infants'
rompers. For the 6-month period ending December 1947, the Em-
ployer purchased raw materials, consisting of cotton cloth, thread and
accessories, valued at more than $50,000, of which more than half was
1 Each of the petitioners filed a petition pursuant to Section 9 (c) of the Act , the former
on August 11, 1947, in Case No 1-R-3393 and the latter on November 5, 1947, in Case
No. 1-RC-45 The petitions were consolidated and heard together
'Chairman Herzog and Members Reynolds and Murdock
77 N L R. B., No. 69.
421
788886-49-vol. 77-28
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchased outside the State of Rhode Island. The Employer's sales
for the same period exceeded the value of its raw material purchases,
and more than half of the finished product was shipped to points out-
side the State of Rhode Island.
The 'record indicates that the salaries of eight or nine employees in
the knit goods division of the Employer are probably reimbursed by
Health-Tex, Incorporated, another corporation with New York offices
at the same address as that of the Employer. These employees work
on the first floor of the plant, which floor also has the shipping, packing
and receiving departments, and produce all the knit goods used by the
Employer. Health-Tex is the trademark of all knit goods distributed
by the Employer, and Stan Togs is the trademark of its woven goods
products. These knit goods employees are hired and supervised by
Standard Romper, are carried on its pay roll with numbers not dupli-
cated by other employees, and are subject to the same conditions and
benefits of employment as the remainder of Standard's employees.
Counsel for the Employer conceded that these knit goods employees
are employees of Standard Romper Co., Inc., within the meaning of the
National Labor Relations Act, and we so find.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner, Independent Workers Union, is an unaffiliated labor
organization claiming to represent employees of the Employer.
The Petitioner, Amalgamated Clothing Workers of America, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, claiming to represent employees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize either of the Petitioners as the
exclusive bargaining representative of employees of the Employer
until the Board has certified a representative.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Both petitioners wish to exclude cafeteria workers from the proposed
unit of production and maintenance employees; the Employer wishes
them included. The Amalgamated Clothing Workers would exclude
assistant floor ladies; the Independent Workers Union and the EnI-
STANDARD ROMPER CO., INC. 423
ployer would include them. All parties are agreed on the inclusion of
inspectors and the exclusion of the truck driver, the telephone operator,
the instructor, and the watchmen.
Cafeteria employees: A chef, paid a salary, is in charge of the
cafeteria located in the basement of the plant.. He is admittedly a
supervisor. In addition, six others, all paid on an hourly basis, are
employed in the cafeteria : an assistant chef, a counter man, a kitchen
loan who prepares vegetables and assists in dishwashing, a dishwasher,
a bus boy, and a cashier. These employees receive the same general
benefits as do production and maintenance employees but work longer
hours, except that the bus boy works 2 to 3 hours per day and the
cashier S. The Board has included cafeteria employees in units of pro-
duction and maintenance employees on the ground that their interests
were not so dissimilar as to preclude their proper representation in
a single unit= No reason appears to exclude them in this instance.
Assistant floorladies : The Employer employs 8 women designated
as assistant floorladies, and 7 as floorladies.3 The latter are admittedly
supervisors, earn 50 percent more than the assistants and are paid a
,salary. The assistant floorladies are paid on an hourly basis. They
receive the same general benefits as production and maintenance work-
ers. However, production employees earn more than assistant floor-
ladies. According to testimony of C. H. Heaslip, superintendent of
the knit goods division, the assistant floorladies are service employees
who, at the direction of a floorlady or a foreman, keep the operators
supplied with work and return the work to storage bills as particular
operations are completed. Each assistant floorlady services approxi-
mately 40 operators. When requested by an operator to get supplies,
she does so without asking permission from the floorlady. Assistant
floorladies have no desk at which to work. Instructions as to the
process to be used in manufacturing are given by the floorladies or
foremen, although on minor matters an assistant floorlady may be sent
to instruct an operator. Assistant floorladies do not inspect work and
are not authorized to express opinions about an operator's work.
Heaslip testified that when a floorlady is out, either the "instructor
floorlady" ; or he fills in. If more than 2 floorladies or foremen are
2 Matter of The Ranland Corporation, 62 N. L. R B 248; Matter of thel Globe Co, 6b
N L. R B. 1312, Matter of .Armour f Co., 60 N. L. R B. 740 More recent Board decisions
have also included cafeteria employees : Matter of The Univis Lens Co , 72 N L R. B 149,
Matter of Bendix Aviation Corporation, 72 N. L R. B. 642 ; Matter of Bowers Battery f
Spark Plug Co , Inc, 72 N. L. R. B 1161
' There are about 600 employees in all ; some departments are run by foremen, the duties
of foremen and floorladies being approximately the same. The record does not indicate the
total number of employees who are admittedly supervisors
4 Apparently Henslip was referring to this same employee when lie used the term "instruc-
tor super%il or" and meant the instructor whom all parties have agreed to exclude from the
unit.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out, the assistant floorlady may be given "certain limited discretion-
ary authority ." It appears from the record that these assistant floor-
ladies have no supervisory authority . In addition , they are paid like
production employees and subject to the same conditions of employ-
ment. We shall therefore include them in the unit."
We find that all the Employer 's production and maintenance workers
at its Pawtucket , Rhode Island, plant , including inspectors , cafeteria
employees , and assistant floorladies , but excluding the truck driver, the
telephone operator , the instructor , watchmen, foremen , floorladies,
office and clerical employees, guards , and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Standard Romper Co., Inc.,
Pawtucket, Rhode Island, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of
the Regional Director for the First Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement,
to determine whether they desire to be represented by Independent
Workers Union or by Amalgamated Clothing Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.'
5 Mattcr of Gloversville Kul tang Co, 74 N L. R B 453, in which a "floorlady ," having
similar duties to the assistant floorladies in the instant case, was included in the unit;
the plant in question employed foreladies and assistant foreladies as well as one floorlady ;
lfcitter of Sampsel Time Control, Inc , 68 N. L R. B. 419, in which "assistant floorladies"
were included in the unit.
8 Any participant in the election herein may , upon its prompt request to , and approval
thei eof by , the Regional Director , have its name removed from the ballot.
-.1